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2017 DIGILAW 1558 (SC)

Roop Lal v. State of Himachal Pradesh

2017-10-09

A.M.SAPRE, NAVIN SINHA, RANJAN GOGOI

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ORDER Ranjan Gogoi, J.—Leave granted. 2. We have heard the learned counsels for the parties. 3. The challenge in this appeal is to an order of the High Court of Himachal Pradesh dated 12th April, 2017/26th April, 2017 by which the acquittal of the appellant has been reversed and he has been found guilty of commission of offences under Sections 279, 337 and 338 of the Indian Penal Code, 1860. The sentence imposed is one of simple imprisonment of three months. Aggrieved, this appeal has been filed. 4. We have considered the matter. We have read the order of the learned trial Court as well as the order of the High Court. We have considered the evidence on record. 5. From the materials on record it transpires that the accused appellant was driving a fully loaded Truck which was going uphill when it met with an accident with a Maruti Alto Car which was coming downhill. The very fact that the fully loaded truck was going uphill would be suggestive of the fact that the vehicle in question (fully loaded truck) was in minimal speed. 6. Learned counsel for the State has pointed out from the site-map prepared by the Investigating Officer (I.O.) that the place where the accident took place was a flat area. We are not inclined to accept the aforesaid position inasmuch as the finding of the courts below is to the effect that the site map was not prepared in the presence of the eye witnesses. 7. The power of the High Court while hearing an appeal against an order of acquittal is circumscribed by a self-imposed limitation that so long as the view taken by the learned trial Court in acquitting the accused appellant is a possible view the High Court ought not to interfere. 8. The aforesaid principle, which has stood the test of time, if applied to the present case, we are of the view that the order of the High Court will have to be faulted. Accordingly, we set aside the order of the High Court, restore the order of acquittal passed by the learned trial Court and allow this appeal. Appeal allowed. **********